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OFU OSADIM v. CHIEF E. E. TAWO

(2009) JELR 47405 (CA)

Court of Appeal  •  CA/C/115/2008  •  7 May 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MOJEED ADEKUNLE OWOADE JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The Plaintiff instituted an action against the Defendant at the High Court of Cross-River State, sitting at Ikom in Suit No. HM/99/2000 claiming as per the endorsement on his Statement of Claim thus:-

"1. The sum of N100 million being general damages for Cocoa illegally harvested while in trespass on the land in question.

2. A declaration that the continuous stay of the Defendant on the Plaintiff's Community Cocoa farm, without the Plaintiff's consent amounts to trespass.

3. An order evicting the Defendant from all parts of the Plaintiff's Cocoa farm.

4. An order of perpetual injunction restraining the Defendant from further entry into any part of the Plaintiff's Cocoa farm.

Pleadings in the matter were filed, exchanged and completed and the matter was then set down for hearing. The parties presented two witnesses respectively including themselves. At the conclusion of the trial, the learned trial Judge found in…

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